Bare Trusts

The Superannuation Industry (Supervision) Act 1993 (Cth)(Act) permits a regulated superannuation fund to borrow money under an arrangement under which:

• the money is or has been applied for the acquisition of a single acquirable asset, including expenses incurred in connection with the borrowing or acquisition, or in maintaining or repairing the acquirable asset, money applied to refinance a borrowing; and
• the asset is held on trust so that the fund trustee holds a beneficial interest in the asset; and
• the fund trustee has a right to acquire legal ownership of the asset by making one or more payments after acquiring the beneficial interest; and
• the loan taken out by the fund trustee is limited recourse limited to the asset itself and no other assets of the fund.

Therefore the trust (commonly called a bare trust) is a key component within the legal structure to enable the fund to borrow.

The Bare Trust package has been developed to ensure compliance with the Act and to accommodate the requirements of most commercial lenders.

If a particular lender requires changes to the documents for any reason, please let us know and we will make the necessary amendments free of charge.

Contact one of our experienced specialists on 1800 799 666 with any enquiries.